Employment-Based Immigration: Third Preference EB-3

You might be eligible for this immigrant visa choice category if you are a competent employee, expert, or other employee.

– Skilled employees are persons who can out competent labor and whose task requires a minimum of 2 years training or experience, not of a momentary or seasonal nature. Skilled employees need to likewise satisfy any educational, training, or experience requirements of the job opportunity. Relevant post-secondary education might be thought about as training.

– Professionals are persons who hold at least a U.S. bachelor’s or foreign equivalent degree and belong to the occupations. Their tasks need a minimum of a bachelor’s degree. Professionals should also fulfill any academic, training, or experience requirements of the job chance.

– Other employees (likewise called inexperienced employees) are persons capable of performing unskilled work whose task requires less than 2 years training or experience, not of a short-term or seasonal nature. Other workers should also fulfill any educational, training, or experience requirements of the job chance.

Labor Certification

Third choice petitions are normally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved by DOL, or, for labor certification applications filed on or after June 1, 2023, utilizing DOL’s Foreign Labor Application Gateway (FLAG) system, an approved and signed Form ETA-9089, Final Determination – Permanent Employment Certification Approval (Final Certification). To find out more, see the Department of Labor’s Foreign Labor Certification web page.

Petitions for Schedule A professions are not required to have a DOL-approved labor accreditation. This is since DOL has actually already identified there are not enough U.S. employees for those professions. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I includes professional nurses and physical therapists. Group II consists of recipients with remarkable capability in the sciences or arts (including institution of higher learning instructors) and immigrants of exceptional ability in the performing arts. A petition for Schedule A classification needs to be accompanied by a completed, uncertified Form ETA-9089, including all relevant appendices, a signed Final Determination, and a legitimate dominating wage determination tracking number in Section E, Item 1 of the uncertified Form ETA-9089. For job more details on Schedule A requirements, see Volume 6, job Part E, Chapter 7, of the USCIS Policy Manual.

– The labor accreditation (or application for Schedule A classification) must require a minimum of 2 years of experience or training.

– You must show that you have actually met any job requirements specified on the labor certification (or application for Schedule A classification). This evidence might consist of official scholastic records and letters from current or previous companies.

– Relevant post-secondary education might be considered as training.

– The labor certification (or application for job Schedule A designation) needs to need at least a U.S. bachelor’s or foreign comparable degree, and a bachelor’s degree is the regular requirement for entry into the profession.

– You should demonstrate that you have actually satisfied any job requirements defined on the labor certification (or application for Schedule A designation). This proof might consist of official scholastic records and letters from present or previous employers.

– Education and experience may not be replacemented for a bachelor’s degree.

– The labor certification should need less than 2 years training or experience.

– You should demonstrate that you have met any requirements defined on the labor accreditation.

Immigrant Petition Process

Third preference petitions are filed using Form I-140, Immigrant Petition for Alien Workers. For details on required supporting documentation and filing fees, see the Form I-140 webpage (that includes the Form I-140 instructions and information about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers website.